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(영문) 서울중앙지방법원 2016.07.21 2016노1203
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, one hundred thousand won of additional collection) on the summary of the reasons for appeal is too unreasonable.

2. The police officer’s factual confirmation document was submitted to the effect that the defendant cooperatedd with the investigation of a drug offender, but the content of the document was “the defendant’s seat by telephone and informed the phone provider of the fact.” Thus, it cannot be confirmed that the defendant was related to the contents of the report, and the circumstances cannot be considered as favorable to the defendant because the reason for the information was not delayed, and the defendant was sentenced three times due to the crime related to narcotics, and there was a history of punishment that the defendant was sentenced three times due to the crime related to the crime of forging official document, and the crime of forging forged official document, and the crime of obstructing the execution of the fraudulent act of this case was committed by the police officer one time in full view of all the facts that the defendant was prepared in advance to conceal the crime of phon medication. The crime of obstructing the execution of the fraudulent act of this case was very poor that the defendant was submitted to the police officer by preparing for the crime of phion medication in advance, and the punishment of the court below exceeded the reasonable scope of discretion.

shall not be deemed to exist.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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